Lawsuit Says Sheriff Discriminated Against Latinos

PHOENIX — A federal lawsuit asserting a “pattern of unlawful discrimination” by law enforcement officials here claims that Latinos at the county jail were often referred to as “stupid” or addressed with a coarse ethnic slur. It also says that an e-mail circulated among jail officers contained a photograph of a Chihuahua in a swimsuit, over the words, “A rare photo of a Mexican Navy Seal.”

On the streets, Latino drivers were five to nine times more likely than their non-Latino counterparts to be stopped or searched, the suit asserts, for appearing disheveled or dirty or if it was deemed that too many people were in the back seat. Some were detained because they were said to have looked nervous or avoided eye contact.

The accusations are among those included in a lawsuit filed by the Justice Department on Thursday against Sheriff Joe Arpaio of Maricopa County, who, calling himself “America’s toughest sheriff,” has waged a relentless crackdown on illegal immigrants.

The litigation, in an election year, escalates a politically charged fight over local enforcement of federal immigration laws and the civil rights of Latinos. The suit asks a federal judge to issue an order against discriminatory practices by sheriff’s deputies, and to require the Sheriff’s Office to eliminate a “pattern or practice of unlawful conduct.”

Sheriff Arpaio is accused of running an agency where suspicion and grounds for arrest have been heavily influenced by ethnicity or poor English skills.

In a 32-page complaint, the Justice Department contends that he and his deputies waged a campaign against illegal immigration — through sweeps of homes and workplaces, and in traffic stops and jail practices — aimed at Latinos, regardless of status or citizenship.

Photo

Thomas E. Perez, center, an assistant United States attorney general, announced a lawsuit in Phoenix filed against Sheriff Joe Arpaio of Maricopa County, Ariz..Credit
Ross D. Franklin/Associated Press

Sheriff Arpaio also sought to silence his opponents — including lawyers and judges — through retaliation, at times filing lawsuits that were later found to be baseless, the complaint says.

“At its core, this is an abuse-of-power case involving a sheriff and sheriff’s office that disregarded the Constitution, ignored sound police practices, compromised public safety and did not hesitate to retaliate against his perceived critics,” Thomas E. Perez, assistant attorney general at the Justice Department’s Civil Rights Division, said at a news conference here.

Sheriff Arpaio has engaged in an increasingly bitter conflict with the Obama administration, including questioning the authenticity of the president’s birth certificate and portraying the civil rights investigation that preceded the lawsuit as politicized.

In a news conference at his office, Sheriff Arpaio said he would not allow his office to be “taken over by some bureaucrats in the federal government.”

“I will fight this to the bitter end,” he said. He also said: “They’re using me for the Latino vote. I hate to say this is political, but the timing is suspect.”

In what was seen as a pre-emptive move, his office distributed a 17-point plan on Wednesday that promised to “establish and maintain specific bias-free law enforcement and detention” through better policies and training.

In its lawsuit, the Justice Department said Mr. Arpaio and his Maricopa County Sheriff’s Office unfairly targeted Latinos.Credit
Pool photo by Jack Kurtz

Mr. Perez said the document validated the lawsuit’s claims and was “largely an admission” that problems existed, but came too late to change the Justice Department’s course of action.

Portraying Sheriff Arpaio’s roughly 900 deputies as poorly trained and supervised, the suit contends that they are far more likely to stop and search Latinos than non-Latinos. Further, the complaint asserts, there is a “culture of bias” against Latinos among the 1,800 officers in the county jail system.

The federal government and Arizona officials have been feuding on many fronts about immigration enforcement. State officials contend that the government has failed to police the southwestern border, leading to a flood of illegal immigrants who have strained state services and created other problems.

The Supreme Court is weighing a federal challenge to a 2010 Arizona law that requires state law enforcement officials to determine the immigration status of people they stop and suspect are in the United States illegally.

But even by Arizona’s strict standards, Sheriff Arpaio, a media-savvy figure who is known as Sheriff Joe, has been aggressive. The Justice Department’s investigation of his policing practices began during the administration of George W. Bush.

In December, the Justice Department released a report laying out what it said were violations by Sheriff Arpaio and his office. It moved to negotiate a settlement, but the sheriff refused to acquiesce to its demand to place an independent monitor in his office, saying it would give the government too much power over local law enforcement.

The standoff suggests that it may take a trial to resolve the matter.

Fernanda Santos reported from Phoenix, and Charlie Savage from Washington.

A version of this article appears in print on May 11, 2012, on page A18 of the New York edition with the headline: U.S. Suit Says Arizona Sheriff Discriminated Against Latinos. Order Reprints|Today's Paper|Subscribe